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Downey City Council
May 28, 2025

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May 28, 2025
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MINUTES OF THE

CITY COUNCIL OF THE CITY OF DOWNEY
SPECIAL MEETING — OPEN SESSION
MAY 28, 2025
The City Council of the City of Downey held a Special City Council Meeting — Open Session on May 28, 2025 at 4:36 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Sosa presiding.

PRESENT: Council Members:

Hector Sosa
Dorothy Pemberton
Claudia M. Frometa
Horacio Ortiz
Mario Trujillo
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
John Funk, City Attorney
Scott Loughner, Police Chief
Anthony Hildebrand, Fire Chief
Matthew Baumgardner, Public Works Director
James McQueen, Human Resources Director
Irma Huitron, Community Development Director
Jason Chacon, Parks & Recreation Director
Austin Ramirez, Economic Development Director
M. Alicia Duarte, CMC, City Clerk
(excused)

PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS Mayor Sosa asked City Clerk Duarte if any written public comments were received regarding Special Meeting Agenda items. City Clerk Duarte confirmed no written public comments were received.

Mayor Sosa asked if there was anyone present who would like to comment regarding Special Meeting Agenda items.

City Clerk Duarte announced there were no speakers.

It was moved by Council Member Frometa, seconded by Council Member Ortiz, and so ordered by Mayor Sosa, to close public comment.

ADMINISTRATIVE REPORTS

1. CONSIDERATION OF AN INTERIM URGENCY ORDINANCE ESTABLISHING A 45-DAY MORATORIUM ON SINGLE PRICE OVERSTOCK/DISCOUNT STORES WITHIN CITY LIMITS:

Community Development.

ADOPTED INTERIM URGENCY ORDINANCE NO. 25-1528, PURSUANT TO GOVERNMENT CODE SECTION 66858 ESTABLISHING A 45-DAY MORATORIUM ON THE APPROVAL,

COMMENCEMENT, ESTABLISHMENT, RELOCATION, OR EXPANSION OF SINGLE PRICE OVERSTOCK/DISCOUNT STORES WITHIN CITY LIMITS.

City Council Minutes
Special Meeting — May 28, 2025

Community Development Director Irma Huitron introduced Administrative Report No.1. She presented the consideration of an Urgency Interim Ordinance concerning discount stores. She stated that the presentation would be delivered by Contract Planner Laurel Reimer and would include a brief PowerPoint outlining the key points of the staff report provided to the City Council.

Contract Planner Laurel Reimer presented Administrative Item No. 1, an Urgency Interim Ordinance establishing a temporary moratorium on single -price overstock and discount stores (SPODS) within the City. She explained that under Government Code Section 65858, cities may adopt urgency ordinances to protect public health, safety, and welfare while studying land use impacts. Such ordinances take effect immediately with a 4/5 Council vote and remain in effect for 45 days, with possible extensions up to one year. Contract Planner Reimer stated that Downey's Municipal Code currently allows general retail sales but does not specifically define or regulate discount stores. As a result, single -price discount retailers are currently permitted by right in several commercial zones. These stores, which sell low-cost items (generally under $10) and dedicate less than 15 percent of shelf space to fresh or frozen food, have been shown to negatively affect economic vitality and community aesthetics by attracting low - investment businesses, discouraging higher -quality retailers, and contributing to issues such as litter, loitering, and theft. She reported that Downey currently has 26 discount -type stores, of which eight meet the criteria of SPODS. Without regulation, their continued expansion could pose an immediate threat to public welfare and the City's commercial environment. Contract Planner Reimer recommended that the City Council adopt a 45-day moratorium on the approval, establishment, or expansion of SPODS. During this period, staff will study potential regulations, appropriate zoning locations, and best practices from neighboring cities.

Council Member Frometa expressed support for the urgency ordinance, emphasizing the importance of protecting the City's aesthetics and preventing developments that do not align with Downey's vision. She thanked staff for the report and their work on the item.

Mayor Pro Tem Pemberton agreed with the concerns raised and noted that residents frequently report loitering around discount stores, which often lack adequate security or staff to monitor activity. She stated that these stores contribute to neighborhood blight and that the City already has several such businesses. She added that a freestanding discount store may have less impact than those clustered in areas attracting different types of consumers.

Council Member Ortiz asked for clarification on the main difference between the eight single -price discount stores identified in the report and the other retail stores listed. Contract Planner Reimer responded that the distinction lies in pricing and merchandise type. She explained that single -price discount stores primarily sell liquidation or overstock goods at very low prices, generally $10 or less, and typically dedicate less than 15 percent of shelf space to food items. In contrast, retailers such as Ross, Burlington, and TJ Maxx sell higher -end discounted merchandise and therefore do not meet the definition of single -price or low-cost stores under the proposed ordinance.

It was moved by Council Member Frometa, seconded by Mayor Pro Tern Pemberton, and carried 4-0, with Council Member Trujillo absent, to adopt an Interim Urgency Ordinance No. 25-1528, pursuant to Government Code Section 65858, establishing a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Single Price Overstock/Discount Stores within City Limits.

ADJOURNMENT
Mayor Sosa adjourned the Special City Council Meeting — Open Session at 4:50 p.m. x
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A I jtLICIA DUAME, HECTOR SOSA
City Clerk Mayor
City Council Minutes
Special Meeting — May 28, 2025 2

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